Madras High CourtCRL OP/21878/2018disposed of

K.Nagarajan, Aged 31 Years, v. The State Rep By:-

2018-09-11Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:11.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.OP.No.21878 of 2018 K.Nagarajan ...Petitioner Vs.

State Rep by, The Inspector of Police, M-1, Madhavaram Police Station, Chennai-600 068. ...Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, prayed to direct the respondent police not to harass the petitioner without any complaint.

For Petitioner : M/s.S.Kanmani For Respondent : Ms.M.Prabhavathi Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent not to harass the petitioner.

2. The learned counsel for the petitioner has submitted that the petitioner is a District Secretary in a political party namely Bahujan Samaj Party. He further submitted that the petitioner has posted a message in the Face Book that around the Madhavaram area, the Kanja powders being selling and no action being taken against the offenders. He further submitted that based on the said message, the respondent instead of taking action to curtail the aforesaid illegal activities, he is harassing the petitioner and compelling the petitioner to appear before him without issuing any summons. 3.The learned Additional Public Prosecutor has submitted that since the petitioner has posted the message in the Face Book stating that in and around Madhavaram area, Kanja powders being selling, and only for getting further information, the petitioner was called and he was not subjected to any harassment. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the aforesaid submissions, if the said message is treated as complaint, it is open to the respondent to call the petitioner by issuing summons for ascertaining the veracity of said complaint and if the said enquiry reveals any cognizable offence, then he has to register a case and proceed in accordance with the law. Without following the aforesaid procedure, the respondent should not harass the petitioner unnecessarily.

5. With the aforesaid directions, this petition is disposed of.

vv Sd/- Assistant Registrar(CS-CO) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, M-1, Madhavaram Police Station, Chennai-600 068.

2. The Public Prosecutor, High Court, Madras. +1cc to M/s.S.Kanmani, Advocate S.R.No.63063 KR/16/10/18 Crl.OP.No.21878 of 2018 https://hcservices.ecourts.gov.in/hcservices/